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2005 SESSION

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HB 2217 Gangs; punishment for activity taking place in school, etc., penalty.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Crimes; criminal street gangs; penalties.  Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, and school buses.  The bill allows a witness in a gang prosecution to request that certain information about the witness not be disclosed. Finally, the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisances.  This bill is identical to SB1217.

SUMMARY AS PASSED HOUSE:

Crimes; criminal street gangs; penalties.  Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-95, grand larceny; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, school buses, school bus stops, recreation centers, public libraries, and state hospitals. Also, it makes it a Class 1 misdemeanor for an attorney or other person to disclose to a defendant charged with a violation of § 18.2-46.2, 18.2-46.3, or 18.2-46.3:3 the address, telephone number or place of employment of a victim or witness to a defendant, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Finally the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisances.

SUMMARY AS INTRODUCED:

Crimes; criminal street gangs; penalties.  Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-95, grand larceny; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, school buses, school bus stops, recreation centers, public libraries, and state hospitals. Also, it makes it a Class 1 misdemeanor for an attorney or other person to disclose to a defendant charged with a violation of § 18.2-46.2, 18.2-46.3, or 18.2-46.3:3 the address, telephone number or place of employment of a victim or witness to a defendant, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Finally the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisance, and provides for a mandatory minimum term of 10 days confinement in jail for any person who is in violation of any injunction against the criminal street gang.